The Michigan Daily - Thursday, October 16, 1997 -7A
Continued from Page 1A
adimissions policies make it a prime tar-
get for a lam~suit challenging affrma-
tive action, Allen said.
"The University is ripe for a lawsuit,'
Wayne State University constitution-
al liw Prof. Robert Sedler said that
while the Supreme Court "grants
review to a small number of cases,'
there is a chance the high court would
hear the University's case.
Once the U.S. District Court in
Detroit makes a ruling, the losing side
will likely appeal to the 6th Circuit
Court of Appeals, Sedler said, because
the federal court ruling would only
apply to the University.
The hypothetical Circuit Court of
Appeals decision, Sedler said, would
apply to the 5th Circuit, which includes
Michigan, Ohio, Kentucky and
Tennessee. If the Circuit Court of
Continued from Page 1A
Another potential candidate taken
off the list is Steve Alford from
Southwest Missouri State. The uni-
versity's Athletic Director Bill Rowe
said he did not grant permission to
Goss to speak with Alford. Goss is
contacting athletic directors to
receive permission before speaking
Pete Gillen of Providence College,
Kevin Stallings of Illinois State, Kelvin
Sampson of University of Oklahoma,
Tim Floyd of Iowa State University and
Perry Clark of Tulane University may
be among other candidates Goss is con-
Appeals rules against affirmative
action, he said, the case would likely be
heard by the Supreme Court.
"If the Court of Appeals x'ere to rule
that race cainot be used at all, then it
becomes a big deaL"' Sedler said. "Then
the Supreme Court has a better chance
to review it."
If the case reaches the Supreme
Court, Fair predicts that the ruling
would be split.
Of the nine judges, Fair said, three
justices are adamantly opposed to racial
classifications, while four support affir-
mative action in order to achieve diver-
sity. The two remaining justices, Sandra
Day O'Connor and Anthony Kennedy,
have mixed views on affirmative action
and will be the deciding votes, Fair said.
"I'm watching to see what O'Connor
and Kennedy do;' Fair said. "To prevail,
one has to gain the votes of one of those
The Supreme Court denied review of
the Hopwood case, which ruled that the
University ofTexas Law School'sueof
race-based admissions was unconstiu-
tional. Some legal experts say that dci-
sion foreshadowed a future ruling.
"It has spoken somewhat to the
issue by denying review of the
Hopwood ease," said Pepperdine Law
Prof. Douglas Kmeic. "It was an indi-
cation that the court is suspicious of
non-remedial uses of affirmative
University Law School Dean Jeffrey
Lehman said that because the rulings of
Hopwood and Bakke contradict each
other, the Supreme Court eventually
will hear a case on affirmative action in
"It is likely that at some point the
Supreme Court will take another
case regarding the pursuit of diversi-
ty in higher education," Lehman
said. "They will have to resolve the
tension. Whether the suit against the
U of M will be the vehicle, it is too
early to say."
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Interested in Graduate Education and Careers
in International Affairs?
Join us for a Forum on International Affairs Graduate Programs
Monday, October 20, 1997
6:00 - 8:00 pm
University of Michigan, Michigan League
911 North University, Ballroom
* Meet admissions representatives from the professional schools of
international affairs at leading universities.
Discuss admissions requirements, curriculum, joint degree programs
and career opportunities.
- Collect application information on the programs that interest you.
n/ OCT 22